South Dakota Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Federal filing fee for Chapter 13 bankruptcy.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

To use South Dakota's exemptions, you must have lived in South Dakota for at least 730 days (2 years) before filing your bankruptcy petition.

Protects an unlimited dollar amount of equity in your primary residence, but with acreage limits: 1 acre within a town or 160 acres outside a town. Mobile homes are also covered if registered in South Dakota for at least 6 months before filing.

Head of a household may exempt up to $7,000 of any personal property. Non-heads of household may exempt up to $5,000. This wildcard can be applied to any property including vehicles, electronics, and tools.

Clothing, food and fuel to last one year, books, pictures, burial plots, and prescribed health aids are exempt. Head of a family may also claim $4,000 in specifically listed personal property such as household furniture, farm animals, and machinery.

IRAs, 401(k)s, pensions, and other qualified retirement accounts are exempt from creditors in South Dakota bankruptcy proceedings.

South Dakota limits wage garnishment to 20% of disposable earnings or the amount by which weekly earnings exceed 40 times the state minimum wage, whichever is less. This is more protective than the 25% federal limit.